As a white student sues a university for alleged racial discrimination, is this the end of affirmative action?

An educational system that has historically been set up to reinforce inequalities will take a lot of work to dismantle, says Lola Adesioye.

In 2008, high school graduate Abigail Fisher of Sugar Land, Texas, was disappointed to find that her application to the University of Texas at Austin, a leading public college, had been rejected.

If Miss Fisher had finished in the top ten percent of her year, which she didn’t, she would have been granted automatic admission to the university under Texas’ merit-based top 10 per cent rule, which admits to the public university system any high school student in the state who finishes in the top ten percent of his or her graduating class.

Fisher’s application, on the other hand, went into a pool in which a variety of factors are taken into consideration. Fisher – who is white - believes that her application to the University of Texas was denied because of her race.

On Wednesday, her case against the University of Texas, which she claims violated her rights under the Equal Protection Clause of the 14th amendment, will go up before the Supreme Court for review.

Although Fisher's case has already been seen by lower federal courts, and the constitutionality of UT's actions upheld, it is possible that this case could result in an overturning of a landmark 2003 ruling which allowed the University of Michigan’s Law School to use race in a "narrowly tailored" way to "further a compelling interest in obtaining the educational benefits that flow from a diverse student body" and which set the precedent for UT.

Justice Sandra Day O’Connor, one of the judges who presided over the 2003 case, stated at the time that:

The Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today.

However, if Fisher and her lawyers have their way the disbanding of affirmative action may happen far sooner than Justice O’Connor predicted.

This potential smackdown of affirmative action is good news for those who believe that racial diversity can be achieved through race-neutral policies alone. In a report released last week researcher Richard Kahlenberg claims that "universities [in states in which race-conscious admissions are prohibited] have implemented creative methods of assuring diversity."

However, this is not what the University of California – which is the largest selective higher education institution in America and operates a race-neutral admissions process and  – says about its own experiences. A case study released this summer revealed that

Although applications to the flagship campuses have doubled since 1995,and all groups have seen reductions in the percent of applicants offeredadmission, African American and Latino admittees have been reduced by 70 to 75 percent at UCLA and UC Berkeley, compared to just 35 and 40 percent for Asian and white applicants.

It goes on to say:

This disproportionate decline reflects the inequalities in the California educational system that fails to prepare African American, Native American and Latino students for highly competitive selection processes irrespective of their intellectual ability or likelihood of succeeding in their studies.

In fact, in a brief submitted to the Supreme Court in support of the University of Texas in this case, the University of California makes it clear that it does not believe that race-neutral policies are sufficient:

"[our] experience establishes that in California, and likely elsewhere, at present the compelling government interest in student body diversity cannot be fully realized at selective institutions without taking race into account inundergraduate admissions decisions…"

While race-neutrality sounds good in theory, I am not convinced that it is even possible in a country which is permeated by racial inequality, and in which racial disparities in the education system remain so stark. How is it possible to measure students in a race-neutral way if race plays such a role in educational outcomes and achievements? In order to have an effective race-neutral process at the top of the education chain, surely that would also require that there is race-neutrality from the outset?

Yet, the fact is that the inequalities that affirmative action originally sought to redress still remain. For example, while segregation in education is no longer legal, it is still ongoing, with some suggesting that it is even worse today than it was in the 1950s. This is partly as a result of continued residential segregation. In New York City, for example, it has been found that:

A student’s educational outcomes and opportunity to learn are statistically more determined by where he or she lives than their abilities.

In America, the achievement gap in education begins before kindergarten and continues through high school where African American and Latino students lag far behind their white counterparts. It would seem strange for there to be no policies at a higher education level which seek to take into account these ongoing racially-based structural imbalances. 

Education has long been considered the pathway to social mobility and in a world that requires better educated and more knowledgeable workers, not having equal opportunity of access to that education presents not only an issue for the individuals, who are more likely to find themselves consigned to lower-income work that requires lower skills, but also for the country which must maintain its competitiveness in the global marketplace.    

Unless more effective policies are put in place to address the deeper issues – racial inequalities, poverty, poor schools and low expectations, decaying urban areas, residential segregation and more – the result of stopping affirmative action can only be decreased chances for minority students and an increasingly unequal society.

Addressing these fundamental issues would have to go far beyond affirmative action in higher education, to a thorough review, revision and reform of the very nature of American society, as regards its minority citizens. It would actually require America to put in a great deal of work to ensure that from the very environment that the minority child is born into is a nurturing and more expansive one.

High poverty areas – in which African-American, American Indian and Latino children are six to nine times more likely than to live than white children – would need to be transformed. There would need to be a deeper level of commitment from the government to the eradication of poverty, which appears to have been overlooked in this election cycle with the focus being on the middle class and wealthy.

Ironically, the more one thinks about what is needed, the more it is clear that lack of educational opportunity and access is itself the main barrier to the solution of these issues. But an educational system that has historically been set up to reinforce inequalities will take a lot of work to dismantle.  

Some have suggested that class-based affirmative action would be a better, or perhaps more palatable, alternative to race-conscious affirmative action. Of course, there are minority students who are not from economically disadvantaged backgrounds, and white students who are. President Obama has said that his daughters, for example, would not need the benefit of a race-based affirmative action. 

However, although the inclusion of class is welcomed and necessary in order to facilitate and formulate a more nuanced look at the various factors that affect opportunity and achievement, this is inadequate on its own. Race and class intersect, yet they are not the same thing and therefore one cannot be replaced with another. Research also suggests that the effect of this would be to increase the number of low-income white students and would not make up for racial inequality. Research from the University of California’s case, has found that:

While African American and Latino youth are much more likely to come from low-income homes than either whites or Asians (53 per cent of African American and 59 per cent of Latino youth are low-income compared to just 22 per cent of white and 28 per cent of Asian youth in California), less than half of the low-income students admitted to the freshman class in 2011 at UC were from underrepresented groups.

I am of the opinion that for as long as race continues to affect people's chances in life, it must be considered as a factor, because it is indeed a factor.

Perhaps if affirmative action is struck down, this would shine more of a spotlight on America’s education system as a whole and more work will be done to narrow the achievement and opportunity gaps between white Americans and minorities from an earlier age. Affirmative action may go away, but the reasons for its implementation still, unfortunately, remain. 

Although all eyes are on the forthcoming presidential election, the case of Fisher v University of Texas has the potential  to usher in a new reality into America and to change the course of this nation. Let’s hope that the Supreme Court justices make the right decision.

The clock tower of the University of Texas at Austin. Photograph: Getty Images

Lola Adesioye is a British-born, New York-based political commentator, writer and broadcaster of Nigerian heritage. She tweets @lolaadesioye.

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Why hasn’t British Asian entertainment built on the Goodness Gracious Me golden age?

It is 20 years since the original radio series of Goodness Gracious Me aired. Over two decades, the UK media portrayal of Asians hasn’t used its success to evolve.

Save for a handful of special one-off episodes, Goodness Gracious Me hasn’t occupied a primetime TV slot for nearly two decades. Yet still it remains the measuring stick for British Asian comedy.

The sketch show, which transitioned seamlessly from radio to screen (it started as a BBC Radio 4 series in 1996), has stood the test of time and is as much a staple of modern British Asian culture as Tupperware or turning up an hour late.

What Goodness Gracious Me did so expertly was to take a set of serious issues facing first, second and now, I suppose, third generation migrants, and turn them on their heads. 

In making light of the pressures of academic expectation or family drama, Goodness Gracious Me wasn’t playing down the poignancy of such concerns; it was raising awareness and combatting their uglier side with humour.

It offered resonance and reassurance in equal measure; it was ok to have an embarrassing uncle who insisted he could get you anything much cheaper, including a new kidney, because other people like you did too.

That Goodness Gracious Me was broadcast on a mainstream channel was also a victory for minorities; it made us feel integrated and, perhaps more importantly, accepted. Against the backdrop of Brexit, what wouldn’t we give for that treatment now?

Really, though, the jewel in Goodness Gracious Me’s crown was its willingness to recognise diversity within diversity. It is a relic of a departed era when discourse on TV around Asians was different, when the broad church of that term was truly represented, rather than reduced to one catchall perception of British Muslims.

Goodness Gracious Me offered insight into the experiences and idiosyncrasies – religious or otherwise – of Indians, Pakistanis, Bangladeshis, Sri Lankans and even English people. It’s what made it so accessible and, in answering why subsequent programmes have failed to reach similar heights, this is a good starting point.

Without the flexible sketch format, the modern Asian sitcom Citizen Khan has struggled to cover multiple topics, and, by being specifically about a Muslim family, it leaves many non-Muslim Asians wondering: where’s ours?

I hasten to add that I feel plenty of sympathy for the British Muslim community, hounded by tabloid headlines that attack their faith, but it would be disingenuous to suggest that non-Muslim Asians are sitting pretty in 2016 and don’t need a similar level of support in terms of positive public perception.

The current volume of British Asian media products is fairly good. The BBC has its dedicated network, The Good Immigrant essay collection was one of the outstanding reads of the year, and we still have champions of comedy in Romesh Ranganathan and Nish Kumar.

But I think ultimately it comes down to the broadness of appeal, rather than the quantity of products. Goodness Gracious Me was not only able to engage the full spectrum of British Asia; it transcended its target audience and was on terrestrial TV.

The British Asian media on offer now is up against it, released as the country’s attitude towards foreigners completes a full circle back to the same suspicion my grandfather encountered in the Sixties.

Fewer outlets are willing to explore the stretch of what it means to be Asian, either by denying it due consideration in mainstream shows or by peddling their own monolithic observations. The BBC Asian Network, for example, is laudable in its existence, but does little to engage the young Asians who aren’t into techno spliced with Bhangra.

The mainstream representations of Asians in Western film and television that are commissioned, meanwhile, are irritatingly limited and sometimes inaccurate. In an article for the Guardian last year, Sara Abassi lamented the disproportionate appetite for “gritty post-9/11 films about conservative Pakistani families”, and that the researchers of American series Homeland failed to realise that the national language of Pakistan isn’t Arabic.

When I interviewed the actor Himesh Patel for the No Country for Brown Men podcast, he suggested that the answer to re-establishing Asians in mainstream media, both here and in America, was three-fold. The first challenge to overcome was for outlets to acknowledge that not all Asians fit the same religious or cultural profile; the second was to be open to placing Asians in non-Asian specific products to better reflect their presence in society.

Patel, who is best known for his portrayal of Tamwar Masood in the soap opera EastEnders, made his third recommendation based on this role. He felt that characters should be written with only their personality in mind, making the ethnicity of the actor who plays them incidental. Tamwar’s awkwardness but underlying kindness, Patel said, was what defined him – not his skin colour.

Goodness Gracious Me, though a primarily Asian show and a comedy at that, actually taught some salient lessons about representation. It succeeded in providing a window into a multiplicity of cultures, but at the same time wasn’t a total slave to the politics of identity – several of the 100-plus characters needn’t have been Asian at all. It was reflexive to the times we lived in and a perfect advertisement for empathy. That is why we still talk about it today.

Rohan Banerjee is a Special Projects Writer at the New Statesman. He co-hosts the No Country For Brown Men podcast.